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Sands - East West Street: on the origins of genocide and crimes against humanity

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    East West Street: on the origins of genocide and crimes against humanity
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A profound and profoundly important booka moving personal detective story, an uncovering of secret pasts, and a book that explores the creation and development of world-changing legal concepts that came about as a result of the unprecedented atrocities of Hitlers Third Reich.
East West Streetlooks at the personal and intellectual evolution of the two men who simultaneously originated the ideas of genocide and crimes against humanity, both of whom, not knowing the other, studied at the same university with the same professors, in a city little known today that was a major cultural center of Europe, the little Paris of Ukraine, a city variously called Lemberg, Lww, Lvov, or Lviv. It begins in 2010 and moves backward and forward in time, from the present day to twentieth-century Poland, France, Germany, England, and America, ending in the courtroom of the Palace of Justice at the International Military Tribunal in Nuremberg in 1945. The book opens with the author being invited to give a lecture on genocide and crimes against humanity at Lviv University, welcomed as the first international law academic to give a lecture there on such subjects in fifty years. Sands accepted the invitation with the intent of learning about the extraordinary city with its rich cultural and intellectual life, home to his maternal grandfather, a Galician Jew who had been born there a century before and whod moved to Vienna at the outbreak of the First World War, married, had a child (the authors mother), and who then had moved to Paris after the German annexation of Austria in 1938. It was a life that had been shrouded in secrecy, with many questions not to be asked and fewer answers offered if they were. As the author uncovered, clue by clue, the deliberately obscured story of his grandfathers mysterious life and of his flight first to Vienna and then to Paris, and of his mothers journey as a child surviving Nazi occupation, Sands searched further into the history of the city of Lemberg and realized that his own field of humanitarian law had been forged by two menRafael Lemkin and Hersch Lauterpachteach of whom had studied law at Lviv University in the city of his grandfathers birth, each of whom had come to be considered the finest international legal mind of the twentieth century, each considered to be the father of the modern human rights movement, and each, at parallel times, forging diametrically opposite, revolutionary concepts of humanitarian law that had changed the world. In this extraordinary and resonant book, Sands looks at who these two very private men were, and at how and why, coming from similar Jewish backgrounds and the same city, studying at the same university, each developed the theory he did, showing how each man dedicated this period of his life to having his legal conceptgenocide and crimes against humanityas a centerpiece for the prosecution of Nazi war criminals. And the author writes of a third man, Hans Frank, Hitlers personal lawyer, a Nazi from the earliest days who had destroyed so many lives, friend of Richard Strauss, collector of paintings by Leonardo da Vinci. Frank oversaw the ghetto in Lemberg in Poland in August 1942, in which the entire large Jewish population of the area had been confined on penalty of death. Frank, who was instrumental in the construction of concentration camps nearby and, weeks after becoming governor general of Nazi-occupied Poland, ordered the transfer of 133,000 men, women, and children to the death camps. Sands brilliantly writes of how all three men came together, in October 1945 in NurembergRafael Lemkin; Hersch Lauterpacht; and in the dock at the Palace of Justice, with the twenty other defendants of the Nazi high command, prisoner number 7, Hans Frank, who had overseen the extermination of more than a million Jews of Galicia and Lemberg, among them, the families of the authors grandfather as well as those of Lemkin and Lauterpacht. A book that changes the way we look at the world, at our understanding of history and how civilization has tried to cope with mass murder. Powerful; moving; tender; a revelation.

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Contents
THIS IS A BORZOI BOOK PUBLISHED BY ALFRED A KNOPF Copyright 2016 by - photo 1
THIS IS A BORZOI BOOK PUBLISHED BY ALFRED A KNOPF Copyright 2016 by - photo 2THIS IS A BORZOI BOOK PUBLISHED BY ALFRED A KNOPF Copyright 2016 by - photo 3

THIS IS A BORZOI BOOK

PUBLISHED BY ALFRED A. KNOPF

Copyright 2016 by Philippe Sands

All rights reserved. Published in the United States by Alfred A. Knopf, a division of Penguin Random House LLC, New York, and distributed in Canada by Random House of Canada, a division of Penguin Random House Canada Limited, Toronto.

www.aaknopf.com

Knopf, Borzoi Books, and the colophon are registered trademarks of Penguin Random House LLC.

Library of Congress Control Number: 2016933268

ISBN 978-0-385-35071-6 (hardcover)

ISBN 978-0-385-35072-3 (ebook)

Cover photograph by Darren Alff

Cover design by Janet Hansen

Maps by International Mapping, Ellicott City, Maryland

eBook ISBN9780385350723

v4.1_r2

a

ALSO BY PHILIPPE SANDS

Books

Torture Team

Lawless World

Principles of International Environmental Law

Justice for Crimes Against Humanity (ed.)

From Nuremberg to The Hague (ed.)

Bowetts Law of International Institutions

Film

What Our Fathers Did: A Nazi Legacy

Performance

A Song of Good and Evil

Genocide in the handwriting of Rafael Lemkin ca 1945 and Crimes against - photo 4Genocide in the handwriting of Rafael Lemkin ca 1945 and Crimes against - photo 5

Genocide in the handwriting of Rafael Lemkin, ca. 1945, and Crimes against humanity, Hersch Lauterpacht, July 1946.

For Malke and Rosa for Rita and Leon for Annie for Ruth The little town - photo 6For Malke and Rosa for Rita and Leon for Annie for Ruth The little town - photo 7

For Malke and Rosa,

for Rita and Leon,

for Annie,

for Ruth

The little town lies in the middle of a great plainIt begins with little huts and ends with them. After a while the huts are replaced by houses. Streets begin. One runs from north to south, the other from east to west.

JOSEPH ROTH , The Wandering Jews, 1927

What haunts are not the dead, but the gaps left within us by the secrets of others.

NICOLAS ABRAHAM , Notes on the Phantom, 1975

Contents
Note to the Reader

The city of Lviv occupies an important place in this story. Through the nineteenth century, it was generally known as Lemberg, located on the eastern outskirts of the Austro-Hungarian Empire. Soon after World War I, it became part of newly independent Poland, called Lww, until the outbreak of World War II, when it was occupied by the Soviets, who knew it as Lvov. In July 1941, the Germans unexpectedly conquered the city and made it the capital of Distrikt Galizien in the General Government, known once more as Lemberg. After the Red Army vanquished the Nazis in the summer of 1944, it became part of Ukraine and was called Lviv, the name that is generally used today. Exceptionally, if you fly to the city from Munich, the airport screens identify the destination as Lemberg.

Lemberg, Lviv, Lvov, and Lww are the same place. The name has changed, as has the composition and nationality of its inhabitants, but the location and the buildings have remained. This is even as the city changed hands, no fewer than eight times in the years between 1914 and 1945. What to call the city in the pages of this book posed a number of difficulties, so I have used the name by which it was referred to by those who controlled it at the time of which I am writing. (I generally adopt the same approach for other places: nearby kiew is now Zhovkva, after an interregnum from 1951 to 1991, when it was called Nesterov in honor of a Russian World War I hero, the first pilot to fly a loop.)

I thought of calling it Lemberg throughout, because the word evokes a gentle sense of history, as well as being the city of my grandfathers childhood. Yet such a choice could be taken as sending a signal, which might cause offense to others, all the more unfortunate at a time when the territory of Ukraine is being fought over with Russia. The same went for the name Lww, which it was called for two decades, and also for Lviv, which had been the name of the city for just a few tumultuous days in November 1918. Italy never controlled the city, but if it had, it would be called Leopolis, the City of Lions.

Principal Characters

Hersch Lauterpacht, professor of international law, was born in August 1897 in the small town of kiew, a few miles from Lemberg, to which the family moved in 1911. The son of Aron and Deborah (ne Turkenkopf), he was the second of three children, between his brother, David, and his sister, Sabina. In 1923, he married Rachel Steinberg in Vienna, and they had one son, Elihu, who was born in Cricklewood, London.

Hans Frank, a lawyer and government minister, was born in Karlsruhe in May 1900. He had two brothers, one older and one younger. In 1925, he married Brigitte (ne Herbst), and they had two daughters and three sons, the last of whom was named Niklas. In August 1942, he spent two days in Lemberg, where he delivered several speeches.

Rafael Lemkin, a prosecutor and lawyer, was born in Ozerisko near Biaystok, in June 1900. The son of Josef and Bella, he had two brothers (the older, Elias, and the younger, Samuel). In 1921, he moved to Lww. He never married and had no children.

My grandfather Leon Buchholz was born in Lemberg in May 1904. The son of Pinkas, educated as a distiller of spirits and later an innkeeper, and Malke (ne Flaschner), he was the youngest of four children, after his older brother, Emil, and two sisters, Gusta and Laura. He married Regina Rita Landes in Vienna in 1937, and a year later their daughter, Ruth, who is my mother, was born there.

PROLOGUE An Invitation TUESDAY OCTOBER 1 1946 NUREMBERGS PALACE OF - photo 8PROLOGUE An Invitation TUESDAY OCTOBER 1 1946 NUREMBERGS PALACE OF - photo 9
PROLOGUE
An Invitation

TUESDAY, OCTOBER 1, 1946,

NUREMBERGS PALACE OF JUSTICE

A LITTLE AFTER three oclock in the afternoon, the wooden door behind the defendants dock slid open and Hans Frank entered courtroom 600. He wore a gray suit, a shade that was offset by the white helmets worn by the two somber-faced military guards, his escorts. The hearings had taken a toll on the man who had been Adolf Hitlers personal lawyer and then personal representative in German-occupied Poland, with his pink cheeks, sharp little nose, and sleeked-back hair. Frank was no longer the slender and swank minister celebrated by his friend Richard Strauss. Indeed, he was in a considerable state of perturbation, so much so that as he entered the room, he turned and faced the wrong direction, showing his back to the judges.

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